Bill
Number: S.B. 1819
Ugenti-Rita
Floor Amendment
Reference
to: printed bill
Amendment
drafted by: Leg Council
FLOOR
AMENDMENT EXPLANATION
1. Caps, beginning January
2, 2023, a Governor's initial state of emergency proclamation with respect to a
public health emergency at 30 days.
2. Allows the Governor to
extend a state of emergency with respect to a public health emergency for up to
120 days and prohibits any single extension from being for a period of more
than 30 days.
3. Terminates a state of
emergency proclaimed by the Governor for a public health emergency after 120
days, unless extended in whole or in part by concurrent resolution of the Legislature.
4. Allows the Legislature
to extend the state of emergency as many times as necessary and prohibits any
single extension from being for a period of more than 30 days.
5. Prohibits the Governor,
on termination of a state of emergency with respect to a public health
emergency, from proclaiming a new state of emergency based on the same
conditions without the passage of a concurrent resolution of the Legislature
consenting to the new state of emergency.
6. Requires the Governor,
on the extension of a state of emergency, to submit a written report to a Joint
Committee of the Health Committees of the Senate and House of Representatives,
or their successor committees (Joint Committee).
7. Requires the Director
of the Department of Health Services (DHS) and a representative of the
Governor's Office, after the first 60 days of a public health emergency, to
provide a briefing to the Joint Committee.
8. Requires the Joint
Committee to give the extension of the public health emergency a favorable or
unfavorable review.
9. Requires the Joint
Committee to provide the Joint Committee's recommendation to all members of the
Legislature and the Governor.
10. Requires the outcome of
the Joint Committee's review to be conspicuously posted on the Governor's and
DHS's public websites.
11. Makes technical and
conforming changes.
Page 3, between lines 33 and 34, insert:
"Sec. 3. Section
26-302, Arizona Revised Statutes, is amended to read:
START_STATUTE26-302. General
powers of governor
The governor
may delegate any of the powers vested in the office of the governor under this
chapter to the adjutant general who may further delegate the powers to the
director of emergency management except the powers enumerated in section 26-303,
subsections A through G I. END_STATUTE
Sec. 4. Section
26-303, Arizona Revised Statutes, is amended to read:
START_STATUTE26-303. Emergency
powers of governor; termination; authorization for adjutant general;
limitation; extension; report
A. During
a state of war emergency, the governor may:
1. Suspend
the provisions of any statute prescribing the procedure for conduct of state
business, or the orders or rules of any state agency, if the governor
determines and declares proclaims that
strict compliance with the provisions of any such statute, order or rule would
in any way prevent, hinder or delay mitigation of the effects of the emergency.
2. Commandeer
and utilize use any property, except
for firearms or ammunition or firearms or ammunition components,
or personnel deemed necessary in carrying out the responsibilities vested in
the office of the governor by this chapter as chief executive of the
this state, and thereafter the this state shall pay reasonable
compensation therefor for the property as
follows:
(a) If
property is taken for temporary use, the governor, within ten days after the
taking, shall determine the amount of compensation to be paid therefor for the property. If the property is returned in a
damaged condition, the governor, within ten days after its return, shall
determine the amount of compensation to be paid for such damage.
(b) If
the governor deems it necessary for the this
state to take title to property under this section, the governor shall
then cause the owner of the property to be notified thereof in writing by
registered mail, postage prepaid, and then cause a copy of the notice to be
filed with the secretary of state.
(c) If
the owner refuses to accept the amount of compensation fixed by the governor
for the property referred to in subdivisions (a) and (b) of this
paragraph, the amount of compensation shall be determined by appropriate
proceedings in the superior court in the county where the property was
originally taken.
B. During
a state of war emergency, the governor shall have complete authority over all
agencies of the state government and shall exercise all police power vested in
this state by the constitution and laws of this state in order to effectuate
the purposes of this chapter.
C. The
powers granted to the governor by this chapter with
respect to a state of war emergency shall terminate if the legislature is not
in session and the governor, within twenty-four hours after the beginning
of such a state of war emergency, has not issued a call
for an immediate special session of the legislature for the purpose of
legislating on subjects relating to such a state of war
emergency.
D. The
governor may proclaim a state of emergency, which shall
take effect immediately in an area affected or likely to be affected if the
governor finds that circumstances described in section 26-301, paragraph
15 exist.
E. During
a state of emergency:
1. The
governor shall have complete authority over all agencies of the state
government and the right to exercise, within the area designated, all police
power vested in the this state by
the constitution and laws of this state in order to effectuate the purposes of
this chapter.
2. The
governor may direct all agencies of the state government to utilize
use and employ state personnel, equipment and facilities for the performance of to perform any and all activities designed to prevent or alleviate actual and
threatened damage due to the emergency. The governor may direct such agencies
to provide supplemental services and equipment to political subdivisions to
restore any services in order to provide for the health and safety of the
citizens of the affected area.
F. except as provided in subsection G of this section, the powers
granted to the governor by this chapter with respect to a
state of emergency shall terminate when the state of emergency has been terminated by proclamation of the governor or by concurrent
resolution of the legislature declaring it at an end.
G. Beginning
January 2, 2023, the governor may issue an initial proclamation with respect to
a state of emergency for a public health emergency as described in section 36-787
for a period of not more than thirty days. The governor may extend the state
of emergency for not more than one hundred twenty days, but any extension may
not be for a period of more than thirty days. The state of emergency shall
terminate after one hundred twenty days, unless the state of emergency is
extended, in whole or in part, by passage of a concurrent resolution of the
legislature. The legislature may extend the state of emergency as many times
as necessary by concurrent resolution, but any extension may not be for a
period of more than thirty days. If a state of emergency for a public health
emergency is not extended pursuant to this subsection, the governor may not
proclaim a new state of emergency based on the same conditions without the
passage of a concurrent resolution by the legislature consenting to the new
state of emergency.
H. On
the extension of a state of emergency for a public health emergency pursuant to
subsection G of this section, the governor shall submit a written report to a
joint committee of the health committees of the senate and the house of
representatives, or their successor committees. After the first sixty days of
a public health emergency, the director of the department of health services
and a representative of the governor's office shall provide a briefing to the
joint committee, and the joint committee shall give the extension of the public
health emergency a favorable or unfavorable review. The joint committee shall
provide the joint committee's recommendation to all members of the legislature
and the governor. The outcome of the joint committee's review shall be
conspicuously posted on the governor's and the department of health service's
public websites.
G. I. No
provision of This chapter may does
not limit, modify or abridge the powers vested in the governor under the
constitution or statutes of this state.
H. J. If authorized by the
governor, the adjutant general has the powers prescribed in this subsection.
If, in the judgment of the adjutant general, circumstances described in section
26-301, paragraph 15 exist, the adjutant general may:
1. Exercise
those powers pursuant to statute and gubernatorial authorization following the
proclamation of a state of emergency under subsection D of this section.
2. Incur
obligations of one hundred thousand dollars $100,000 or less for each emergency or contingency payable
pursuant to section 35-192 as though a state of emergency had been
proclaimed under subsection D of this section.
I. K. The powers exercised
by the adjutant general pursuant to subsection H J of this section expire seventy-two hours after the
adjutant general makes a determination under subsection H of this section.
J. L. Pursuant to the second
amendment of the United States Constitution and article II, section 26,
Constitution of Arizona, and notwithstanding any other law, the emergency
powers of the governor, the adjutant general or any other official or person shall do not be construed to
allow the imposition of additional restrictions on the lawful possession,
transfer, sale, transportation, carrying, storage, display or use of firearms
or ammunition or firearms or ammunition components.
K. M. Nothing
in This section shall be construed to does not prohibit the governor, the adjutant general or other
officials responding to an emergency from ordering the reasonable movement of
stores of ammunition out of the way of dangerous conditions."END_STATUTE
Renumber to
conform
Page 4, line
3, strike "H" insert "J"
Page 5, line
16, strike "H" insert "J"
Amend title to conform